Future Uses

Future Uses, Uncertainty

From the book The Clergyman’s Hand-book of Law, about Future Uses, Uncertainty (1): A devise to a foundling or eleemosynary institution, whenever the Christians should create one which the trustees approved, is valid.574And a devise to the “First Christian church erected or to be erected in the village of Telfairville, in Burke county, or to such persons as may become trustees of the same,” is good as a charitable bequest.575 A bequest to a priest to hold in trust and pay over to the Sisters for the Poor, is valid.576 A bequest for the care of a tombstone is valid in some States and not in others without a statutory provision.577 A bequest to the bishop “to be by him used for Roman Catholic charitable institutions in his diocese,” sufficiently describes the beneficiaries and is good.578 Also, a bequest to Bishop England “in trust for the Ladies of the Ursuline Order residing in Charleston in the State of South Carolina,” was held for “The Ladies of the Ursuline Community of the city of Charleston.”579 A bequest for Masses “to a Roman Catholic priest that shall succeed me in this place,” was held void for uncertainty.580 A bequest in trust to a bishop by name to sell and give the proceeds to a society named, is not a devise to the society, but to the bishop in trust.581

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church